Wedding Planner won't respond and still has to give me photo album and framed pictures

Discussion in 'Wedding and Event' started by diana_c|1, Feb 10, 2015.

  1. Moderator’s Note:
    The opening post has a major error of fact.
    The issue described by the author is not with a Photographer but with a Wedding Planner.
    This was corrected by the OP in her post - Feb 16, 2015; 12:51 p.m.
    Readers should read ‘Wedding Planner’ as the person with whom she has issue.
    The heading has been changed to reflect the correct nature of the discussion.
    Hello,
    I got married 2 years ago and the photographer already gave me the wedding pictures in print. We also are supposed to get a digital wedding album, and some large framed pictures. She told me when she gave us the wedding pictures to look through them all and choose and seperate the ones we want for the digital album and give them to her. My husband and I took a long time to finally do this (like a year). We gave her the photos in Sept. of last year and she told my husband the album would be ready in a month. I contacted her after more than a month and she said they where not ready because the pictures had gone to archive and she would contact me when the album was ready. It has now been almost 5 months since I handed her the photos and she had not contacted me so I sent her a text last week and she replied "who is this?" I told her our names and then she did not respond. I asked if I had the right number and she did not respond. My husband called her and left her a voicemail (he said it is still her # because in the voicemail greeting, it says her name). She then sent me a text saying she would call me as soon as she became available. She did not call me. My husband called her and texted her yesterday and no response. I texted her today and no response. I am not sure what to do know. In the contract it does not say that she would give us everything in a certain time frame or by a certain date. I am planning to drive to her store on Thursday and hopefully she will be there. Can I have her sign a paper where I write that she will have our stuff ready by a certain date? I know its part our fault because we took so long, but we are her customer and we paid her in full. We also hired her for video and she owes us 2 DVDs of our wedding. She owed us one, but she said she could not find the original one so she asked us to give one back to her so she could make the other DVD copy. We gave her the DVD months ago and she has not told us anything about that either. I do not want to be rude to her because I want my stuff but this is very frustrating and I am worried. I know she has time to contact me because I checked her Facebook, which is not private, and she posts things on there daily and more than one time throught the day. Please give me advice.
     
  2. I know this is going to sound very "20th century", but stop texting and dial the phone number to have a conversation. Make an appointment to meet, and then talk it out and get a commitment on a delivery date. Bring a copy of the original contract and all of the materials in case there are questions about what you want done to complete the delivery.
     
  3. If that was me, and this is not a legal advise, I'd contact her in person and perhaps give her 2 weeks (stating exact date/es)....and if nothing happens....I'd go through legal channels like small claims.
    It's difficult to say what's going on...whether she lost the photo files due to computer crash or some such. But, as most of us know, you replicate files to make sure you retain images, particularly ones that have not been delivered to the couple.
    Good luck.
    Les
     
  4. William Michael

    William Michael Moderator Staff Member

    "I am planning to drive to her store on Thursday and hopefully she will be there."​
    If it is a "store" that she runs her business from, then one assumes that there are "opening hours" - so someone in charge should be there at those times.
    Make an appointment to meet at her place of business.
    Alternatively, arrive at the store during her trading hours with a precise list of what is owed to you and a copy of the contract and leave with a commitment to a delivery date: yes you could ask for her (or her agent) to sign a document prescribing when the delivery will take place, but I wouldn't do that, I would simply take diary notes of the meeting and conversation.
    Having a disinterested third party with you, to witness the conversation would be a good idea.
    WW
     
  5. It may involve a photographer but this is just a breach of contract issue. I would make an appropriate attempt to personally communicate and work out a final arrangement as suggested and, if that fails or is not honored, then treat it as a contract breached. Since you already have images, the irreplaceable part, you should be able to make a claim for money damages.
     
  6. Assuming that the amount of money involved makes it a worthwhile exercise.
     
  7. +1 John H.
    The matter simply seems to revolve around the missing deliverables (2 DVD copies of the video, 1 Album, several (qty?) large framed photos). Since you already have copies of the DVD, and all the images that would be used to print and frame the missing prints, the cost of replacing/acquiring those is obviously minimal. (at most, $100-200) The album of course widely varies in cost, but, assuming you were charged for it, it's value would likely be determined as whatever the difference you paid is.
    I would probably ask for a refund of what amount amount extra you paid for these deliverables, print/copy your own stuff, and call it a day... then leave a nasty review - given the lack of professionalism.
     
  8. William Michael

    William Michael Moderator Staff Member

    " I am planning to drive to her store on Thursday and hopefully she will be there. "​
    How did that meeting work?
    WW
     
  9. I could be wrong but from the similar to these type forums I follow, the OP rarely gives updates. They post their question/issue, I assume read the responses, and move on. Too bad.
     
  10. Thanks everyone for the advice. I propably should not
    have said "photographer" because she is actually a
    wedding planner.. sorry. She did our whole wedding
    basically. We paid her for a wedding package and she has
    not given us the items I talked about previously. I did not
    end up going to her store because she called my husband
    on Thursday while he was at work ( I don't know why she
    didn't call me if I am mainly the one who has been trying
    to contact her). She told my husband that she actually no
    longer worked with the photographers that did our
    wedding but that she was able to get our file from them.
    She told him that she can go have other photographers do
    the work but that she is learning or trying to learn
    photography skills ( I imagine editing skills) and that she
    would like to make our digital album herself (?!), but that
    she need more time. And ofcourse my husband said okay
    (that's probably why she called him and not me cause I
    would not have said okay). I am upset and want to go to
    her store and talk about this face to face but I'm not sure
    how to handle this. Can I make some type of document
    where it lists what she owes me and leave a blank where I
    can put by when she will have my stuff ready and ask her
    to sign it? Should I tell her that if she does not give me my
    stuff soon I will have to take legal action? I'm worried that I
    wont get what she owes us.

    The wedding planner not only owes us photos/video but
    also money ($1000) and it was a verbal agreement, but
    this is another issue.
     
  11. I forgot to mention that she said she was behind with other clients photos as well but we paid her a
    long time ago and I feel she should give us priority. What is she tells me that the album will be
    ready in 5 months which is a long time, or what if she doesn't want to give me a date of when it will
    be ready. I also ask myself why she didn't tell us before that she no longer worked with those
    photographers and instead ignored us and wouldn't call us. If she and her photographers recently
    parted ways then they could have done my album in those 5 months. A few days ago I called
    photographers featured in a magazine where she had was also featured because I wanted to know
    if they where the ones who took photo/video for my wedding, which they weren't,(the name
    sounded familiar) and they told me that they do not work with the event planner but that she is a
    client of theirs and she takes them work to be processed.
     
  12. Thanks for the update Diana
     
  13. William Michael

    William Michael Moderator Staff Member

    Thank you for the correction, that your matter is with a Wedding Planner.
    The story is confusing and in parts is still unclear. A major area of confusion remaining is that the story has changed apropos the 'contract' -
    Opening post: "In the contract it does not say that she would give us everything in a certain time frame or by a certain date." (implies a written contract)
    Later post: “The wedding planner not only owes us photos/video but also money ($1000) and it was a verbal agreement, but this is another issue.” (implies a spoken word contract)
    ***
    I think that you and your Husband should agree and nominate ONE spokesperson to deal with this matter and thereafter this one spokesperson is the only spokesperson who deals with the matter. Also, before you do anything you and your Husband need to be in agreement as to how that spokesperson will manage this issue. Also you and your Husband need to agree with each other as to what are the precise OUTCOMES that you are seeking.
    There may be several issues in the Wedding Planner actually getting the files from the Photographer and/or the Wedding Planner Post Producing the images for you. The fact that there is no written contract (with the Wedding Planner) is both cumbersome of itself and muddies the waters in regard to how the Wedding Planner will actually now deal with the other vendor (the Photographer) with whom the Wedding Planner says there is no business relationship
    In light of this added mess - I probably would contact the Photographer directly and investigate the possibilities of getting the files directly from them or pursue the possibilities of the Photographer finishing the Album for you – doing that removes the Wedding Planner from that problem.
    I think to have a face to face meeting with the Wedding Planner is still sound advice. I would make dairy notes at that meeting. I would take an uninterested third party with me. If you can get a written and signed obligation outlining what is owing to you and a commitment to complete by a date, then that would good.
    BUT - I suggest that you have more concise and precise notes than those which you have presented here (organize your own notes to reflect EXACTLY, IN SHORT SENTENCES and IN FACT ONLY as to what has happened and what is owing to you and also contact the Photographer,) before going into that meeting with the Wedding Planner and I strongly suggest that you and your Husband are on exactly the same page: especially you two must be on the same page as to what are the precise outcomes that you want.

    WW
     
  14. I'm sorry for the confusion. We have a written contract
    from the wedding planner. It lists the photo/video content
    that she still owes us. The contract however does not
    state anything about the $1,000 that she later promised to
    give us to help with the venue cost because she had said
    she was in the process of owning her own venue which
    would be used for our wedding. She said if for some
    reason her plans of purchasing her own venue didn't go
    through, then she would help us with $1,000 towards
    another venue.

    I don't have contact information for the photographers
    that did our wedding. I had asked the wedding planner
    (through a text message) to give me their contact
    information but she did not respond. I will ask her in
    person and hope she gives me their info. I wonder though
    if she paid them or not for our digital album and other
    pictures she still has to give us. If not then I would have to
    ask her for part of the money back so we can pay the
    photographers or I would have to ask her to pay them and
    I will deal with them if she does not want any contact with
    them.

    I also want to add that I was looking through my old iPod
    and I found a recorded conversation I had with her before
    we signed a contract with her. In the conversation I ask
    her what comes in the wedding package and when she is
    talking about the photos, she says she would give us 100
    wallet sized pictures and one extra 20x30 photo. I read
    through my contract and she never wrote anything about
    the 100 wallet sized pictures, nor did she add the extra
    20x30. She however still left us the package at the same
    price she had said during that recorded convo. Should I
    just leave this alone?

    Thanks for the advice. I will speak to my husband about
    this.
     
  15. William Michael

    William Michael Moderator Staff Member

    I found a recorded conversation I had with her before we signed a contract with her. . . Should I just leave this alone?​
    That topic is probably beyond general comment here. For example, the law where I reside is quite explicit about the recording of conversations without prior express consent being given by all parties. I suggest that you would have to be secure in your legal position in your state /country, before you bring any recorded conversations into the arena.
    Good luck with your endeavour, I hope that you get all to which you are entitled: it is good that you do have a written contract with the Wedding Planner - at least now that bit of the problem is not as messy as what it seemed a few hours ago.
    WW
     
  16. I would forget about getting the prints. The only thing that's enforceable is what's written in the contract that you read, agreed with and then signed. Most likely, your contract will also include a clause that states that that no statements made outside this written agreement are valid and/or binding - I know mine does.
     

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